Isabella Carter
The Texas Constitution has undergone several revisions since the state's independence from Mexico in 1836. The current constitution, which came into effect on February 15, 1876, is the seventh in Texas history. It was framed by the Constitutional Convention of 1875 and adopted by popular vote. The document outlines the structure and purpose of the Texas government, including the three branches: legislative, executive, and judicial. The constitution also contains provisions unique to Texas, reflecting the state's history and influences, such as Spanish and Mexican rule. These provisions cover land law, debtor relief, judicial procedures, marital relations, and mineral rights. The Texas Constitution has been amended numerous times since 1876, with changes made to articles on the judiciary, public education, and the state's financial system.
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What You'll Learn
The Constitution of the Republic of Texas, 1836
The Constitution of the Republic of Texas contains nine portions, including six articles, a schedule, General Provisions, and a Declaration of Rights. Article I establishes the three branches of government: legislative, executive, and judicial. The legislative branch is defined as a Senate and House of Representatives, to be called The Congress of the Republic of Texas. Members of the House were to be chosen annually on the first Monday of September and were to hold their office for one year until other provisions were made. To hold a seat in the House, representatives needed to be at least twenty-five years old, citizens of the republic, and residing in the county or district represented for six months prior to the election. The House was not to consist of fewer than twenty-four or more than forty members until the population reached 100,000, after which it could consist of up to 150 members.
The vice president of the Republic of Texas was to be the president of the senate but could not vote unless there was a tie. Each house was the judge of elections, qualifications, and returns of its own members. A two-thirds majority of each House was needed for a quorum, but a smaller number could still adjourn and call those who were not in attendance. Houses were able to determine their own rules for proceedings and punishment. Vacancies that occurred in either house were to be filled by the president. The president was required to sign passed bills, and if they chose to send them back, a two-thirds majority of both Houses could enact the law.
The Constitution of the Republic of Texas also protected the right to own slaves and prohibited "Indians" and "Africans" from living freely in the country or from becoming Texan citizens. It also contained provisions for land distribution, stating that every head of a family was entitled to one league and labor of land, and every single man of the age of seventeen and upwards was entitled to the third part of one league of land.
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Texas' independence from Mexico
The Texas Constitution of 1876 is the sixth constitution by which Texas has been governed since it gained independence from Mexico in 1836. The current constitution came into effect on February 15, 1876, and remains the basic organic law of Texas.
Texians (Anglo-American settlers) and Tejanos (Texans of mixed Mexican and Indian descent) joined forces and captured the town of San Antonio by December 1835. However, Mexican troops under General Antonio López de Santa Anna arrived in San Antonio in February 1836 and defeated the Texian garrison in the Battle of the Alamo. Despite this setback, Texas formally declared its independence from Mexico on March 2, 1836, at Washington-on-the-Brazos, now known as the "birthplace of Texas." The Texas Declaration of Independence emphasized the rights of citizens to "life," "liberty," and the "property of the citizen."
The revolution culminated in the capture of Santa Anna, who ordered the Mexican army to retreat south of the Rio Grande in exchange for his life. The Treaties of Velasco officially concluded the revolt and recognized Texas' independence. However, Mexico refused to acknowledge the Republic of Texas, and conflicts between the two entities continued into the 1840s. The annexation of Texas as a US state in 1845 directly led to the Mexican-American War.
The Texas Constitution of 1876 established the state's governance structure and purpose. It began with a lengthy bill of rights, declaring Texas a free and independent state subject only to the US Constitution. It guaranteed equal rights for all free men, prohibited religious tests for office (except acknowledging a Supreme Being), ensured liberty of speech and press, and protected the right to keep and bear arms, among other provisions. The constitution also addressed land titles, land law, debtor relief, judicial procedures, marital relations, and mineral rights, reflecting Texas' unique history and influences.
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The role of Lorenzo de Zavala
The Texas Constitution of 1876 is the sixth constitution that has governed Texas since it gained independence from Mexico in 1836. The current constitution, which came into effect on February 15, 1876, establishes the structure and purpose of the Texas government.
Lorenzo de Zavala played a significant role in the creation of the Texas Constitution. Born in Yucatán under Spanish rule, Zavala was a Mexican and later Tejano physician, politician, diplomat, and author. He was a strong advocate for democratic ideals and had previously helped draft the constitution for the First Federal Republic of Mexico in 1824 after Mexico gained independence from Spain. However, when Santa Anna began establishing the Centralist Republic of Mexico, replacing the Mexican Constitution that Zavala had helped write, Zavala resigned his position and fled to Texas.
In Texas, Zavala became an advocate for Texas independence from Mexico. He brought with him unique legislative, executive, ministerial, and diplomatic experience, as well as linguistic skills that made him invaluable to the drafting of the Texas Constitution. Notably, he was the only delegate with first-hand experience in drafting a constitution for a new republic. Zavala also served as vice president under the provisional government of the Republic of Texas and personally designed its flag.
Zavala's legacy in Mexico is complex, with historians recognising his political and intellectual contributions while also branding him a traitor for his role in helping Texas secede from Mexico. Nonetheless, his role in the early history of Texas is undeniable, and his memory is preserved in Texas through various place names and street and school names.
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The three branches of government
The Texas Constitution, which was signed in the city of Washington-on-the-Brazos, established a framework for the state's government that remains in place today, with some amendments over time. The constitution outlines the structure and powers of the three branches of the Texas government, which include the executive, legislative, and judicial branches. Each branch has specific roles and responsibilities and is designed to balance and check the power of the others, ensuring a stable and effective system of governance.
The executive branch of the Texas government is headed by the governor, who is the state's highest-ranking official. The governor is responsible for enforcing laws, overseeing the state budget, and leading the state's various departments and agencies. They also have the power to appoint judges and other officials, as well as to grant pardons and commute sentences. The governor works closely with the lieutenant governor, who is the president of the Texas Senate and has significant influence over the legislative branch.
The legislative branch of the Texas government is composed of the state's Senate and House of Representatives. This branch is responsible for creating and passing laws, as well as overseeing the state budget. The Senate is made up of 31 members, while the House of Representatives has 150, each representing a district of Texas. Laws are proposed and debated in both chambers, and a simple majority is required for a bill to pass. However, the process is designed to be deliberate and thorough, with multiple readings and opportunities for amendment, ensuring that laws are carefully considered before being enacted.
The judicial branch of the Texas government is responsible for interpreting and upholding the laws of the state. It is headed by the Supreme Court, which is the highest court in Texas. The Supreme Court has final say on matters of state law and can overturn lower court decisions. Below the Supreme Court are the Court of Criminal Appeals, which handles criminal cases, and the Court of Appeals, which hears civil cases. There are also district and county courts that handle specific types of cases and have jurisdiction over certain geographic areas. The judges in these courts are elected, ensuring that they are accountable to the people of Texas.
The Texas Constitution also establishes a system of checks and balances between the three branches of government. This means that no one branch can become too powerful and that there are mechanisms in place to hold each branch accountable. For example, the legislative branch can pass laws to constrain the power of the executive, while the judicial branch can strike down laws that it deems unconstitutional. Additionally, the governor has the power to veto legislation passed by the legislative branch, although this can be overridden by a two-thirds majority in both chambers.
Overall, the three branches of government in Texas work together to ensure that the state is governed effectively and that the rights and needs of its citizens are upheld. The system of checks and balances helps to maintain a balance of power and prevent abuse, while the division of responsibilities ensures that each branch can focus on its specific role. This framework, established by the Texas Constitution, has served as the foundation for the state's government and continues to guide its functioning today.
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The legislative branch
The Texas Constitution establishes the structure and purpose of the Texas government. The first article sets out a bill of rights, and the following articles establish the three branches of government: legislative, executive, and judicial.
Each house is the judge of elections, qualifications, and returns of its members. Two-thirds of each House is needed for a quorum, but a smaller number can still adjourn and call those who are not in attendance. Houses can determine their own rules for proceedings and punishment. Vacancies that occur in either house are to be filled by the president. The President is required to sign passed bills, and they can send them back, in which case a two-thirds majority of both Houses can enact the law.
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Frequently asked questions
The Texas Constitution of 1876 was signed in Austin, Texas.
The Texas Constitution of 1876 is the sixth constitution that has governed Texas since it gained independence from Mexico in 1836. It remains the basic organic law of Texas to this day.
The constitution contains provisions that are unique to Texas, reflecting the state's history and influences. It includes sections on land titles and land law, debtor relief, judicial procedures, marital relations and adoption, and water and mineral rights. It also establishes the structure and purpose of the Texas government, with a bill of rights and three branches: legislative, executive, and judicial.
Texas has had several constitutions throughout its history. Since 1876, Texas has had six constitutions, with the current one being the seventh.
The first constitution of Texas was the Constitution of the Republic of Texas, adopted in 1836. It served as the supreme law of Texas from 1836 to 1845, during the period when Texas declared itself an independent republic.
